Can I really be fired while on FMLA leave?
Latest from Texas Employment Lawyer
Common Misconceptions Regarding Free Speech
Filing a Lawsuit Does Not Guarantee Your Day in Court – Be Prepared to Fight for It
When you have found an attorney who is willing to file a lawsuit on your behalf, or perhaps you have decided to file one yourself pro se, you may think this guarantees your day in court. After all, the Seventh Amendment of the United States Constitution states: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by…
Mental Anguish Damages in Texas and the Fifth Circuit
When someone gets treated unlawfully at their job because of that person’s race, age, gender, sex, sexual orientation, disability, religion, national origin, or color that person suffers more than just loss of income. A person’s job is often tied to their identity, their reputation, their sense of worth, and sense of purpose. Losing a job, not getting a promotion, not getting hired, or being subjected to severe or pervasive harassment causes very real pain and…
Taking the First Amendment to Work: Can I really be fired for saying that? Private Sector Employees
We all know that the First Amendment gives us the right to free speech. But, when it comes to the First Amendment, what you don’t know can hurt you.
TRUE: The First Amendment allows people to express their views.
FALSE: The First Amendment protects employees from termination.
First Amendment protection and job protection are not intertwined.
Many private sector employees fail to realize that their right to free speech does not prevent employers from limiting…
How Can I Get My Unpaid Commissions?
While commissions and bonuses are subject to the various laws that regulate wages, such as the FLSA and the Texas Payday Law, they are unique in rather important manners. The most obvious way that they differ from hourly-based and salary-based wages is when they are considered “earned.” Put another way, if you are an hourly worker, your wages are considered earned as soon as you start working. If you have worked for an hour,…
Layoffs and Severance Agreements
Unfortunately, layoffs happen and oftentimes come as a complete surprise to those affected. Layoffs also oftentimes come with a severance offer.
Sometimes an employer just offers up the severance free and clear without the employees who have been laid off having to do anything at all to receive it. However, this is not the norm. More often getting the severance is made contingent on the employee signing a severance agreement.
Severance agreements are legal…
Employment Law Basics: What does “at will” employment mean?
One of the questions I get all of the time during consultations is, “what does it mean to be an ‘at will’ employee?” If you have this question, then you are in luck because that is what this week’s blog is all about!
First, “at will” employment is the default employment relationship in the state of Texas. That means if you do not have a contract or agreement defining some other type of…
When should I call an employment lawyer?
Every day our office receives calls and online inquiries from workers seeking legal advice. They want to know whether their boss’s actions are illegal and whether they have claims to pursue. And, if the answer to both of those questions is yes, they have to think about whether they are ready to take action to protect their rights. But still, before even contacting an attorney they may be afraid. They don’t know when they need…
What to do if You are the Victim of Discrimination at the Workplace
Do you find yourself in a situation where you are being discriminated at work, but you have no idea what to even do beyond going to HR? This is probably one of the most common scenarios I encounter during consultations. What I’d like to do is go over some very basic things to keep in mind if you find yourself in a situation where you suspect that you are the victim of discrimination.
Documentation…